4.  The applicant was born in 1976 and lives in Bodrum. He was the manager of a hotel at the time of the events.
5.  On an unspecified date, a number of persons complained to the police that the applicant, together with other persons, was extorting money and threatening them.
6.  On 24 July 2004 the applicant, together with three other persons, was arrested and taken into custody by police officers from the organised crime unit of the Bodrum District Security Directorate. A certain amount of heroin was also found in the car driven by the applicant during arrest.
7.  According to the rights of the suspected accused form (şüpheli sanık hakları formu) signed by the applicant, on the same day, at about 8 a.m., the latter was informed of his rights, including the right to legal assistance and to remain silent, both of which he waived.
8.  On the same day, at 8.30 p.m., when interviewed by two police officers he denied the accusations against him.
9.  In the application form the applicant complained, without any details, that he had been subjected to torture, during interrogation, by two police chiefs, named Mehmet and Soner.
10.  On 28 April 2005 the applicant, at the Registry’s specific request, submitted a letter running to approximately eleven pages in which he set out in detail the various forms of ill‑treatment he had been allegedly subjected to at the hands of various police officers in custody. In particular, these treatments included a violent punch on his chest during arrest; being blindfolded, handcuffed, made to lie down on the floor face down and told to raise his legs and receiving kicks to his buttocks and a blow to his head when he lowered his legs after his arrival at the police station; having one officer pulling his right leg while at the same time another pressed down on his back during interrogation. During this time, his testicles were squeezed and he received kicks and pressure to his back. A few hours before he was to be brought before the prosecutor, the applicant was told that chief Soner was going to come and he was made to wait while sitting in an uncomfortable position for hours. This person punched the applicant’s face and his chin and kicked him on his knees. The applicant submitted that those responsible for his alleged ill-treatment were Soner, Mehmet, Bayram, Osman, Tolga and three other police officers.
11.  On 25 July 2004 the applicant was examined by Dr Ü.E. at the State hospital who found no signs of injury on his person.
12.  On the same day, the applicant was brought before the public prosecutor and a judge at the Bodrum Magistrates’ Court. The latter ordered his remand in detention.
13.  On 26 July 2004 the applicant’s lawyer submitted an official complaint to the Bodrum public prosecutor claiming that the applicant had been subjected to severe torture while he was held in police custody and requested the prosecution of the police officers who had taken part in the applicant’s interrogation. The lawyer stated that the applicant had bruises under his right eye and on his back and asked that the applicant be urgently referred to a hospital for a medical examination, including a psychiatric evaluation. However, the petition did not include any details as regards the alleged ill‑treatment.
14.  On 27 July 2004 the applicant was examined by two doctors at the Bodrum State hospital. Dr M.A. noted that the applicant had five or six longitudinally bruised areas on his lower back, which rendered him unfit for work for three days. In his report, Dr M.A. noted, with a question mark, that the applicant had complained of torture. On the same day, the applicant was examined by Dr E.T., an ophthalmologist, who found that he had a bruise under his right eye which rendered the applicant unfit for work for three days.
15.  On 13 August 2004 the prosecutor heard evidence from two police officers who had interrogated the applicant. In their submission, these officers admitted that other colleagues had been present during the applicant’s interrogation. However, they denied wrongdoing by any officer.
16.  On 16 August 2004 the prosecutor heard evidence from the applicant. The latter submitted that, during interrogation, the head of the organised crime unit, Mehmet K., made him kneel and hit him while he was blindfolded and in handcuffs. Mr K. also threatened him and refused to provide him with a lawyer despite his request for one. The applicant stated that the police officers who had officially interviewed him had not ill‑treated him and that he was ill-treated by Mehmet K. and a chief named Soner. Moreover, he claimed that since he was accompanied by two police officers when he was taken for a medical examination, he had been scared and had misled the doctor by stating that he did not have any injuries.
17.  On 18 August 2004 the prosecutor heard evidence from the accused police officer, Mehmet K., who rejected the allegations against him. In particular, he submitted that he was the head of the organised crime unit and that he knew the applicant on account of various investigations conducted against him. The accused further maintained that the only police officer called Soner was the head of the unit at the Provincial Security Directorate and that he was not in the police station in question at the time of the alleged incident.
18.  On the same day, the prosecutor heard evidence from the doctors who had examined the applicant.
19.  Dr Ü.E. stated, inter alia, that when he had examined the applicant on 25 July 2004 there were no signs of ill-treatment on his person and that the applicant had told him that he had no complaints. The doctor further stated that since they did not have a separate room at the emergency service where he had examined the applicant, the police officers, who were not present during the examination, could see them. However, he claimed that he did not have the impression that the applicant had any fears or uneasiness about this fact.
20.  Dr M.A. submitted, inter alia, that the applicant had complained of ill-treatment and showed the bruises on his back but that they could not conclude whether they were the result of ill-treatment and that therefore he had put a question mark next to the applicant’s complaint.
21.  Dr E.T. maintained, inter alia, that the applicant’s general disposition was fine and that he heard the gendarmes saying that he was hitting himself left and right before coming to the examination. He stated that the applicant had a light bruise under his right eye but no swelling. In this connection, the doctor maintained that he could not know when this bruise happened because bruising could last around ten days and could be self‑inflicted.
22.  In the meantime, on the same day, the applicant’s lawyer petitioned the public prosecutor asking him to find the police officers who had ill-treated the applicant. In this petition, the lawyer claimed that the applicant had been subjected to torture by two police officers named Soner, a police chief who had worked in Mersin Security Directorate before, and Mehmet, whose surname could be Kuzu. These officers had indiscriminately punched the applicant’s head and body. During the interrogation seven police officers had laid the applicant on the floor, kicked his back and waist and climbed on the applicant’s back wearing sports shoes. In addition, the applicant had been sworn at and blindfolded. The applicant’s lawyer further requested the transfer of the applicant, who had become withdrawn and fearful, to a hospital for a psychiatric evaluation.
23.  On 19 August 2004 the prosecutor, taking into account the applicant’s submissions, decided not to prosecute Ms S.A and Mr S.G., the police officers who had interviewed the applicant. As regards Mr Mehmet K., the head of the organised crime unit, the prosecutor, taking into account particularly the applicant’s conflicting submissions and attitude before and after his remand in custody and the testimony of the doctors, considered that there was no evidence to demonstrate that the findings of the additional medical reports were the result of ill-treatment for which Mr Mehmet K. was responsible. He therefore decided not to prosecute Mehmet K.
24.  On 1 September 2004 the applicant objected to the prosecutor’s decision. He submitted, inter alia, that two police officers, namely Mehmet and Soner, had tortured him and had punched his head and body indiscriminately. Afterwards, seven other police officers had laid the applicant on the floor and kicked his back and waist.
25.  On 16 September 2004 the Aydın Assize Court dismissed the applicant’s objection.
26.  In the meantime the applicant unsuccessfully asked for disciplinary proceedings to be brought against police officers at Bodrum District Security Directorate.